Limes Grown in Florida; Finalize Temporarily Suspended Volume Regulation and Pack-Out Reporting Provisions

SUMMARY: This rule finalizes without change an interim final rule which

temporarily suspended certain volume regulation and pack-out reporting

requirement provisions of the marketing order for fresh limes grown in

Florida. These provisions were suspended, because they are temporarily

not needed due to reduced lime production in Florida.

EFFECTIVE DATE: July 8, 1994.

FOR FURTHER INFORMATION CONTACT: Gary D. Rasmussen, Marketing Order

Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: 202-720-

5331; or Aleck J. Jonas, Southeast Marketing Field Office, USDA/AMS,

P.O. Box 2276, Winter Haven, Florida 33883; telephone: 813-299-4770.

SUPPLEMENTARY INFORMATION: This rule is issued under the provisions of

section 8c(16)(A) of the Agricultural Marketing Agreement Act of 1937,

as amended (7 U.S.C. 601-674), hereinafter referred to as the Act; and

of Marketing Agreement and Marketing Order No. 911 (7 CFR part 911)

regulating the handling of limes grown in Florida, hereinafter referred

to as the order. This order is effective under the Act.

The Department is issuing this rule in conformance with Executive

Order 12866.

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule is not intended to have retroactive effect.

This rule will not preempt any state or local laws, regulations, or

policies, unless they present an irreconcilable conflict with this

rule.

The Act provides that administrative proceedings must be exhausted

before parties may file suit in court. Under section 8c(15)(A) of the

Act, any handler subject to an order may file with the Secretary a

petition stating that the order, any provision of the order, or any

obligation imposed in connection with the order is not in accordance

with law and requesting a modification of the order or to be exempted

therefrom. A handler is afforded the opportunity for a hearing on the

petition. After the hearing, the Secretary would rule on the petition.

The Act provides that the district court of the United States in any

district in which the handler is an inhabitant, or has his or her

principal place of business, has jurisdiction in equity to review the

Secretary's ruling on the petition, provided a bill in equity is filed

not later than 20 days after the date of the entry of the ruling.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act (RFA), the Administrator of the Agricultural Marketing

Service (AMS) has considered the economic impact of this action on

small entities.

The purpose of the RFA is to fit regulatory actions to the scale of

business subject to such actions in order that small businesses will

not be unduly or disproportionately burdened. Marketing orders issued

pursuant to the Act, and rules issued thereunder, are unique in that

they are brought about through group action of essentially small

entities acting on their own behalf. Thus, both statutes have small

entity orientation and compatibility.

There are about 20 Florida lime handlers subject to regulation

under the marketing order covering limes grown in Florida, and about 25

lime producers in Florida. Small agricultural producers have been

defined by the Small Business Administration (13 CFR 121.601) as those

having annual receipts of less than $500,000, and small agricultural

service firms are defined as those whose annual receipts are less than

$5,000,000. A majority of these handlers and producers may be

classified as small entities.

The Florida Lime Administrative Committee (committee) unanimously

recommended the temporary suspension of the provisions. The committee

meets prior to and during each season to review the rules and

regulations effective on a continuous basis for limes regulated under

this order. Committee meetings are open to the public, and interested

persons may express their views at these meetings. The Department

reviews committee recommendations and information, as well as

information from other sources, and determines whether modification,

suspension, or termination of the rules and regulations would tend to

effectuate the declared policy of the Act.

This rule finalizes an interim final rule which temporarily

suspended Secs. 911.53 through 911.59 (7 CFR 911.53-59) of the order

containing provisions pertaining to the issuance of volume regulations

for fresh limes grown in Florida, and Sec. 911.111 (7 CFR 911.111)

containing provisions requiring Florida handlers to file certain

reports with the committee on their fresh Florida lime shipments. The

interim final rule was issued March 16, 1994, with an effective date of

March 22, 1994, and published in the Federal Register (59 FR 13429,

March 22, 1994). The interim final rule provided a 30-day comment

period ending April 21, 1994, and no comments were received.

Sections 911.53 through 911.59 were used by the committee to

collect and maintain information from handlers, so that it could

recommend to the Department that lime volume regulations be issued,

when and if needed. The committee determined that volume regulations

will not be needed during the next two seasons, and, thus, such

information will not be needed during such period. Volume regulations

will not be needed, because Florida's lime production was considerably

reduced by hurricane damage to the lime groves in 1992.

Section 911.111 required Florida lime handlers to file certain

reports with the committee on their fresh Florida lime shipments,

including information on types and number of containers of limes they

pack each day. This section was suspended, because information

collected under the section is not needed at a time when lime

production is reduced. The committee reported that sufficient

information is currently available from inspection certificates

collected on a daily basis by committee staff to meet committee needs

for operations, marketing policies, and compliance during the next two

seasons.

The committee reported that it expects that Florida lime production

will have recovered and volume regulation and reporting requirement

provisions may be needed when the suspension ends on March 31, 1996.

The committee also reported that it needs to reduce administrative

costs and staff, due to the reduced lime production and resulting lower

assessment collections, and the suspension will help achieve this

objective.

This rule reflects the committee's and the Department's appraisal

of the need to finalize the suspended volume regulation and pack-out

reporting provisions under the order. Such suspension temporarily

removed certain reporting requirements on the part of Florida lime

handlers, and lessened the overall reporting and recordkeeping burden

under the order. The Department's view is that the suspension has a

beneficial impact on Florida lime producers and handlers, since the

reporting burden on handlers and committee expenses incurred under the

order are reduced.

The information collection requirements have been previously

approved by the Office of Management and Budget (OMB) under the

provisions of 44 U.S.C. chapter 35 and have been assigned OMB Number

0581-0091. The interim final rule temporarily suspended an annual

reporting burden currently estimated at 210.4 hours for all Florida

lime handlers who: (1) Apply for a prorate base and allotment; (2)

report daily the percentages, by size category, of the limes packed by

them; and (3) report daily the number of containers of limes sold and

delivered by them within the State of Florida.

Based on the above, the Administrator of the AMS has determined

that this rule will not have a significant economic impact on a

substantial number of small entities.

After consideration of all relevant matter presented, the

information and recommendations submitted by the committee, and other

information, it is found that the provisions discussed herein, at this

time, do not tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 911

Limes, Marketing agreements, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR part 911 is

amended as follows:

PART 911--LIMES GROWN IN FLORIDA

Accordingly, the interim final rule amending 7 CFR part 911 which

was published at 59 FR 13429 on March 22, 1994, is adopted as a final

rule without change.

Dated: June 2, 1994.

Patricia Jensen,

Acting Assistant Secretary for Marketing and Inspection Services.

[FR Doc. 94-13890 Filed 6-7-94; 8:45 am]

BILLING CODE 3410-02-P